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Court of Appeals Courtroom, State Capitol Building, Lincoln, Nebraska

State v. Cullen (20)

S-14-0509 State v. Sarah A. Cullen (Appellant)

Douglas County, Judge W. Mark Ashford

Attorneys: Stacy M. Foust (Attorney General’s Office) --- Barry S. Grossman, Michael J. Fitzpatrick (Appellant)

Criminal: Child abuse resulting in death, a Class IB felony

Proceedings below: A jury found Appellant guilty of child abuse resulting in death. She was sentenced 70 years to no more than life in prison.

State v. Smith

S-14-0769 State v. Kelvin Smith (Appellant)

Sarpy County, Judge David Arterburn

Attorneys: Kimberly A. Klein (Attorney General’s Office) --- Thomas P. Strigenz (Public Defender) (Appellant)

State v. Mucia (PFR)

S-14-0070 State v. Gregory M. Mucia (Appellant)

Lancaster County, Judge Karen Flowers

Attorneys: Melissa Vincent (Attorney General’s Office) --- Sean Brennan (Appellant)

Criminal: Possession of child pornography

State v. Carman

S-15-0167 State v. Lyle Carman (Appellant)

Lancaster County, Judge Paul D. Merritt

Attorneys: Nathan A. Liss (Attorney General’s Office) --- Robert B. Creager (Anderson Creager & Wittstruck PC LLO) (Appellant)

Criminal: Manslaughter

Proceedings below: After a trial to the court, the district court found Appellant guilty of manslaughter and sentenced him to a term of probation.

State v. McSwine (PFR)

S-13-0887 State v. Frederick E. McSwine (Appellant)

Lancaster County, Judge Paul D. Merritt, Jr.

Attorneys: Mark E. Rappl (Appellant) --- Kimberly A. Klein (Attorney General’s Office)

Criminal: Count I: Terroristic threats; Count II: Kidnapping; Count III: Sexual assault in the first degree; Count IV: Use of a deadly weapon to commit a felony

State v. Duncan

S-15-0083 State v. Larry F. Duncan (Appellant)

Lancaster County District Court, Judge Robert R. Otte

Attorneys: Austin N. Relph (Attorney General’s Office) --- Shawn Elliott (Public Defender’s Office) (Appellant)

Criminal: Randolph doctrine; excessive Sentence

Proceedings below: Appellant pled no contest to felony interlock violation and was sentenced to 12 to 24 months. 

State v. Carter

S-14-1089 State v. Victor Carter

Douglas County, Judge Gary B. Randall

Attorneys: Pro Se Appellant --- Kimberly A. Klein (Attorney General’s Office)

Civil: Postconviction

Proceedings below: The trial court denied Appellant in forma pauperis filing status. This case and S-15-0024 were consolidated for appeal.

Issues: 1. Whether the district court erred in denying in formal pauperis on appeal of denial of postconviction relief. 2. Whether the district court erred in denying postconviction relief without an evidentiary hearing.

State v. Custer (20)

S-14-0332 State v. Jason Custer (Appellant)

Cheyenne County, Judge Derek C. Weimer

Attorneys: James R. Mowbray, Sarah P. Newell (Nebraska Commission on Public Advocacy) (Appellant) --- Melissa R. Vincent (Attorney General’s Office)

Criminal: First degree murder; Use of a firearm to commit a felony; possession of a firearm by a prohibited person

In re Interest of Tavian B.

S-15-0129 In re Interest of Tavian B.

Separate Juvenile Court for Lancaster County, Judge Reggie Ryder

Attorneys: Joy Schiffermiller (Appellant, Joseph B.) --- Lory Pasold (County Attorney’s Office)

Civil: Denial to transfer to tribe

Proceedings below: The trial court denied the father’s motion to transfer to the Ogala Sioux Tribe.

State v. Smith

S-15-0240   State of Nebraska (Appellee) v. Rodney C. Smith (Appellant)

Douglas County, Judge Shelly Stratman

Attorneys:  Thomas C. Riley, Douglas County Public Defender, and Bethany R. Heirigs, Assistant Douglas County Public Defender (Appellant) — David Smalheiser, Omaha City Prosecutor, and Kevin J. Slimp, Assistant City Prosecutor (Appellee)

Criminal: prosecution for cruelty to animals

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